[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 12-9-1980 by Ord. No. 770. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COIN-OPERATED AMUSEMENT DEVICE (hereinafter "device")
- Any automatic, mechanical or electronic amusement device, game or device of skill or entertainment, such as pinball machines, electronic games, bowling machines, mechanical game machines, Skee-Ball machines, pokerino machines and commercial pool tables, which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof, purchased for cash, and including electronic videotype games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment. Excluded from this definition are music vending machines commonly known as "jukeboxes."
No person, firm or corporation shall install, place, maintain, operate or possess in any store, place of business, building, public place or quasi-public place wherein the public is invited or may enter any coin-operated amusement device within the limits of the Borough of Emerson without first applying for and obtaining a license therefor for each device to be utilized.
[Amended 2-10-1981 by Ord. No. 774]
Any person who owns or leases devices as defined in § 110-1 herein and who is a religious organization as defined under Section 501(c)(3) of the United States Internal Revenue Code is exempted from the fees and payment requisites of obtaining a license or licenses upon said device(s), but such organization shall remain subject to all other provisions of this chapter.
No more than four licenses shall be issued for devices in or about any single premises or location.
Each device shall be located not less than five feet from the entranceway or exit of said premises and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.
Each device, with the exception of pool tables, shall have an unobstructed distance of five feet around the sides of three of its linear borders wherein the users of said devices may use, watch or wait to use said device.
Such device shall only be used or operated during the hours of operation of the premises upon which it is located.
The application fee for all applications for licenses pursuant to this chapter shall be $25 for each application in addition to all licensing and transfer fees.
The fee for a license to operate a device, as defined in this chapter, shall be $300 per device and shall be paid annually on or before January 15 of the year in which the device is to be utilized.
No fees for any application are refundable, and no license fees shall be refunded upon the revocation or surrender of any license.
All licenses issued under this chapter shall be for a term of one year, commencing on January 1 and expiring on December 31 of each year.
A license may be transferred from one device to another by giving notice to the Borough Clerk within 10 days of the intended transfer to that effect and giving a description of the new device, including manufacturer, model number and serial number. A fee of $15 shall be paid by the licensee to the Borough for this transfer. The Borough Clerk shall issue a certificate amending the license, which shall be posted in accordance with § 110-9 herein.
Any time after the granting of said license, the Mayor and Council may, in the exercise of its discretion, revoke the same.
The license granted pursuant to this chapter shall:
Be posted in a conspicuous place at the location for which said license was granted.
State the name and address of the licensee.
State the manufacturer, model number and serial number for each device for which said license was issued.
Be signed by the Borough Clerk of Emerson.
Indicate date of issuance and expiration date.
For a new license subsequent to an initial license, application shall be made by November 1 of the preceding year. Said application shall be in the same form as if the application were an original application. License fees in the amount of the original license shall be charged for each successive license unless a new fee has been duly established, in which case the new fee shall be charged.
An original and two copies of the application for the license set forth in § 110-2 must be filed, together with the appropriate fees therefor, with the Borough Clerk, who shall have 20 days to issue or deny the same, and said application shall state the following:
The name and address of the applicant.
The name under which the place of business is being operated and the location of the same.
The type of alcoholic beverages sold, if applicable.
The number and type of devices sought to be licensed.
The name and address of the person from whom each such device is to be purchased, rented or otherwise obtained.
A description of each device to be licensed, including for each device the name of the manufacturer, model number and serial number.
Copies of agreements governing the acquisition and installation of said devices if leased; documents of title if owned.
Information indicating whether the distributor, the applicant or any person connected with the operation of the place of business wherein the device is to be installed has ever been convicted of any crime or convicted of the violation of any statute, ordinance or regulation pertaining to gambling or gaming in any jurisdiction.
Any other information which the Mayor and Council may deem necessary and proper for the full protection of the interests of the public in the application.
The Mayor and Council may request of any applicant additional information supplementing the information given in the application.
The truth of the information submitted in any application under this section shall be sworn to, and any willful misstatement therein shall be considered a violation of this section and shall subject the offender to the penalties provided herein.
Processing of application.
Upon receipt of an application for the license under this section, the Police Chief shall conduct an investigation into the nature of the device(s) to be licensed and the location at which such device is to be used.
Upon receipt of an application for the license under this section, the Fire Chief shall inspect the premises wherein the devices shall be located to determine whether said premises comply with existing fire regulations of the Borough.
The Borough Police Chief and the Borough Fire Chief shall inform the Borough Clerk in writing within 15 days of the date of application of their investigation and inspection.
The Borough Clerk shall have the power to issue licenses, or not issue licenses if such application is deemed not consonant with this chapter, and an application shall also be denied when it is determined that the installation of a device at a particular location violates this chapter or any statute, ordinance or regulation.
Upon the Borough Clerk's denying any application, the unsuccessful applicant shall have the right to appeal such denial to the Mayor and Council within 10 days of receipt of written denial, by a written notice of appeal served upon the Borough Clerk. The Council shall schedule a hearing on such appeal within 30 days thereof and issue its decision within 20 days after the hearing.
[Amended 2-10-1981 by Ord. No. 774]
No premises shall be issued a license for a device unless such premises are located in one of the following zones as referenced in the Borough Zoning Code: Retail Commercial Zone (RC), Limited Business East (LBE) and Limited Business West (LBW), or, regardless of zone, are premises which are owned, controlled and operated by an organized religious institution which qualified for the exception to licensing fees pursuant to § 110-3 hereof.
Any licensee who shall suffer, permit or approve of the use of any device for gambling purposes shall be deemed in violation of this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction for such violation, be incarcerated for a term not exceeding 90 days or shall be fined a sum not exceeding $500, or both, at the discretion of the court. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
The application of the above penalty shall not be held to prevent any proceeding for the suspension or revocation of a license.
For the calendar year 1981 only, notwithstanding the time limitations established in §§ 110-6B, 110-7A and 110-10, application and payment of the license fee may be submitted and paid up to and including February 1, 1981. Any license issued under this section shall be for a term from the date of issuance until December 31, 1981, but there shall be no prorating of the application and license fees stated herein. Thereafter, the dates of application, term of license and payment of fees shall be as stated in §§ 110-6B, 110-7A and 110-10.